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MAZZUCCO v. ATLAS WELDING & BOILER REPAIR, INC.

297 A.D.2d 513 (2002)

747 N.Y.S.2d 23

JOSEPH MAZZUCCO, Respondent, v. ATLAS WELDING & BOILER REPAIR, INC., Respondent, and REGENCY EAST APARTMENTS CORP., Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided September 12, 2002.

Having accepted workers' compensation benefits from defendant Regency East Apartments Corp., plaintiff is precluded from maintaining an action on the ground that he was actually employed by the building's managing agent (see Zabava v 178 E. 78, 212 A.D.2d 406). Contrary to plaintiff's contention that the Workers' Compensation Board never made a definitive determination as to his employer...

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